Legal Opinion

Hyney v. Nielsen

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1955Published

1Opinion of the Court

*892Wenzel and Schmidt, JJ., concur; Nolan, P. J., and Beldock, J., concur, with the following memorandum: We are of the opinion that the agreement between respondent and the decedent does not indicate any intention to impress decedent’s stock exchange seat with a lien to secure decedent’s indebtedness to respondent. The language employed in the agreement, as well as the fact that, to the knowledge of the parties, decedent’s continued ownership and use of his membership in the exchange could subject the proceeds of a sale of his seat to the payment of claims of others, in priority to respondent’s…

2Cases cited5 opinions

  1. Benedict v. RatnerSupreme Court of the United States · 1925
  2. In Re the Accounting of GrunerNew York Court of Appeals · 1946
  3. In re the Estate of FriedlanderNew York Surrogate's Court · 1941
  4. Stevens v. . CoolidgeNew York Court of Appeals · 1914
  5. Stevens v. CoolidgeAppellate Division of the Supreme Court of the State of New York · 1912

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